A party to a marriage who asserts that the marriage was not properly entered into may file an application for annulment of marriage with the Family Court of Australia (or in Western Australia, the Family Court of Western Australia). The Federal Circuit Court does not have jurisdiction to hear and determine an application for annulment.

An annulment will be granted by the court if it is satisfied that the marriage was null and void because (s 23 and s 23(B) , Marriage Act 1961 (Cth)):

• one of the parties was already married to another person;

• one of the parties was not, at the time of the marriage, of marriageable age;

• the parties were in a prohibited relationship;

• there was not voluntary consent by one or both of the parties;

• there was a mistaken identity as to one of the parties to the marriage; or

• one of the parties was unable to understand the effect of the marriage due to mental impairment or incapacity.

See Grounds for nullity.

To commence proceedings for a nullity of marriage, the following documents should be filed:

• an Initiating Application;

• an Affidavit in support detailing the facts relied on to have the marriage annulled. The affidavit must clearly identify the grounds relied on and the facts necessary to establish those grounds;

• in nullity applications, supporting documentation may be important depending on the ground relied on; and

• the filing fee or application to have the filing fee reduced.

If an application for an annulment is successful, a decree of nullity will be granted by the court. A decree of nullity is an order which declares that there was no legal marriage between the parties. A decree of nullity is effective immediately upon the granting of the order.

As to whether a decree of nullity made in Australia will be recognised in overseas countries, see Recognition overseas.